From
Chris Hartmann
Title
SU090104C - Specific Use Permit - Prince Motor Cars Amendment, Major Auto Repair (City Council District 5). A Specific Use Permit Amendment for an existing Used Auto Dealer to add Private Vehicle Maintenance consisting of major repairs on 0.47 acres at the address 3230 E. Main Street. Lot 702R, Block 1, Hensley Park Unit 1, Dallas County, Texas zoned C, Commercial District. The applicant is Tony Shotwell and the owner is Diamond Virami. (On October 7, 2019, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request for a Specific Use Permit Amendment for an existing Used Auto Dealer to add Private Vehicle Maintenance consisting of major repairs on 0.47 acres at the address 3230 E. Main Street. The subject property is zoned C, Commercial District. The property is located on Lot 702R, Block 1, Hensley Park Unit 1, Dallas County, Texas.
ADJACENT LAND USES:
The following table summarizes the zoning designation and existing use for the surrounding properties.
|
Table 1: Zoning and Land Use |
|
Direction |
Zoning |
Existing Use |
|
North |
SF-4 |
Residential |
|
East |
C |
Grocery Store |
|
South |
LI |
Light Industrial |
|
West |
C |
USA #1 Transmissions |
HISTORY:
• The property was originally platted in 1951
• The SUP was established in 2009 for Used Auto Sales
• The fence and paving that was required in the previous SUP renewal has been completed
PURPOSE OF REQUEST:
This Specific Use Permit amendment is being requested in order to expand the current allowable use to include major repair of private vehicles, not open to the public, with the existing Used Auto Dealer. As per the operational plan, this will be only for vehicles owned by Prince Motor Cars and will not be available for public use.
STATUS:
Staff inspected the property and operations on October 2nd and was accompanied by the Code Enforcement Division. The inspections conducted indicated that there is a violation that will need to be addressed before a CO is issued. Inspections noted the following violation:
• Fire lane was not clear.
RECOMMENDATION:
DRC recommends the Planning & Zoning Commission approve this Specific Use Permit with the following conditions:
• Auto repair will be strictly for vehicles owned by Prince Motor Cars.
• The right to conduct private major auto repair on-premise is not transferrable and will expire if the property is transferred to another owner or operator or if subdivided.
• No paint and body work on-site.
• No salvaging of parts on-site.
• Shall comply with approved Site & Operational Plan.
• That the fire lane be clear at all times.
• Any non-permitted uses must cease before a CO is issued.
• That a courtesy inspection be performed after 6 months to verify compliance.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING ORDINANCE AND MAP BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR AN AMENDMENT TO SPECIFIC USE PERMIT FOR PRIVATE VEHICLE MAINTENANCE AND USED AUTO SALES IN A COMMERCIAL DISTRICT, TO WIT: BEING LOT 702R, BLOCK 1, HENSLEY PARK UNIT 1, DALLAS COUNTY, TEXAS, AND BEING ADDRESSED AT 3230 E. MAIN STREET; SAID ZONING ORDINANCE AND MAP BEING NUMBERED ORDINANCE NUMBER 4779 AND PASSED ON NOVEMBER 20, 1990; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, on December 9, 2008, the Grand Prairie City Council did approve, via Ordinance No. 7917 (Planning Case File No. SU090104, Specific Use Permit 811 to rezone and reclassify Lot 702, Block 1, Hensley Park No. 1 Addition from its classification of Single Family Four (SF-4) District to Commercial (C) District, and that a Specific Use Permit be approved for a Use Car Sales Lot;
WHEREAS, on April 19, 2011, the Grand Prairie City Council did approve the renewal, via Ordinance No. 9199 (Planning Case File No. SU090104A), of Specific Use Permit 811, adding Minor Auto Repairs and Make Ready Operations; and
WHEREAS, on November 15, 2011, the Grand Prairie City Council did approve the renewal, via Ordinance No. 9310 (Planning Case File No. SU090104B), of Specific Use Permit 811; and
WHEREAS, the applicant filed an application to amend Specific Use Permit no. 811 for the purpose of adding Private Vehicle Maintenance to the uses allowed on the property;
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on October 7, 2019, after written notice of such public hearing before the Planning and Zoning Commission on the proposed Specific Use Permit had been sent to owners of real property lying within 300 feet of the property on which the Specific Use Permit amendment is proposed, said Notice having been given not less than ten (10) days before the date set for hearing to all such owners who rendered their said property for City taxes as the ownership appears on the last approved City Tax Roll, and such Notice being served by depositing the same, properly addressed and postage paid, in the City Post Office; and
WHEREAS, after consideration of said application, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 8 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to add Private Vehicle Maintenance to the allowed use of Used Car Sales Lot in a Commercial (C) District; and
WHEREAS, Notice was given of a further public hearing to be held by the City Council of the City of Grand Prairie, Texas, in the City Hall Plaza Building at 6:30 o'clock P.M. on October 15, 2019 to consider the advisability of amending the Zoning Ordinance and Map as recommended by the Planning and Zoning Commission, and all citizens and parties at interest were notified that they would have an opportunity to be heard, such Notice of the time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the, Fort Worth Star Telegram , Fort Worth, Texas, a newspaper of general circulation in such municipality; and
WHEREAS, all citizens and parties at interest have been given an opportunity to be heard on all the matter of the Specific Use Permit and the City Council of the City of Grand Prairie, Texas, being informed as to the location and nature of the specific use proposed on said property, as well as the nature and usability of surrounding property, have found and determined that a specific use may be made of said property as herein provided and does consider and find that this Ordinance should be enacted since its provisions are in the public interest and will promote the health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1.
That Ordinance Number 4779, being the Unified Development Code of the City of Grand Prairie, Texas, showing the locations and boundaries of certain districts, and said Zoning Ordinance and Map having been made a part of an Ordinance entitled:
"THE UNIFIED DEVELOPMENT CODE OF THE CITY OF GRAND PRAIRIE, TEXAS, AS PASSED AND APPROVED BY THE CITY COUNCIL ON THE 20TH DAY OF NOVEMBER, 1990, TOGETHER WITH ALL AMENDMENTS THERETO AND ENACTING A REVISED ORDINANCE ESTABLISHING AND PROVIDING FOR ZONING REGULATIONS; CREATING USE DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN..."
and passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit for the property being addressed as 3230 E. Main Street and as shown in attached Exhibit A - Location Map and as legally described as Lot 702R, Block 1, Hensley Park Unit 1, Dallas County, Texas.
SECTION 2: STANDARDS AND CONDITIONS
For operations of a Specific Use Permit for Used Auto Sales and Private Vehicle Maintenance in the C, Commercial District, the following standards and conditions are hereby established as part of this ordinance:
1. The development shall maintain compliance with all Federal, State and Local regulations; including, but not necessarily limited to, all applicable standards and regulations of the Grand Prairie Municipal Code an Unified Development Code.
2. Any zoning, land use requirements and restrictions not contained within this specific use permit ordinance shall conform to those requirements specified in the Commercial District as adopted and amended in the Unified Development Code (UDC). Where there is a conflict between the UDC and this ordinance, unless explicitly contained in this ordinance, the more restrictive shall prevail.
3. Major Auto Repair will be strictly for vehicles owned by Prince Motor Cars.
4. The development shall adhere to the City Council approved Exhibit B - Site Plan and Exhibit C - Operational Plan.
5. All operations shall maintain compliance with City Ordinance No. 7408, Automotive Related Business (ARB) regulations.
6. Salvaging of any kind is prohibited.
7. No paint and body work on-site.
8. That a courtesy inspection be performed after 6 months to verify compliance.
SECTION 3: COMPLIANCE
All development must conform to the approved site plan and all exhibits incorporated herein, as well as those incorporated herein by reference.
1. By this Ordinance, this Specific Use Permit shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if a Certificate of Occupancy is not issued for uses authorized herein within three (3) months after City Council adoption of this Ordinance, or upon cessation of said use for a period of six (6) months or more.
2. Furthermore, by this Ordinance, city staff shall conduct an inspection six (6) months following certificate of occupancy of the existing site to confirm compliance with all applicable codes which shall include, but not be limited to, the requirements of this Ordinance, the Unified Development Code, the City of Grand Prairie Code of Ordinances, city adopted building codes, city adopted fire codes and with other applicable regulatory requirements administered and/or enforced by the state and federal government.
3. It shall be unlawful for the owner, manager, or any person in charge of a business or other establishment to violate the conditions imposed by the City Council when a Specific Use Permit is granted and the violation of those conditions could result in a citation being issued by the appropriate enforcement officers of the City of Grand Prairie. Violation of this provision may be punishable in accordance with section 1-8 of the Code of Ordinances of the City.
4. The Specific Use Permit for Used Auto Sales shall run with the land and therefore may be transferred from owner to owner; however, each new owner shall obtain a new Certificate of Occupancy.
5. Private Vehicle Maintenance is authorized only for applicant. If the business operated by the applicant does not obtain a Certificate of Occupancy or ceases use of the site, the Private Vehicle Maintenance use shall also cease.
6. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its number and title.
SECTION 4.
It is further provided that in case a section, clause, sentence or part of this Ordinance shall be deemed or adjudged by a Court of competent jurisdiction to be invalid, such invalidity shall not affect, impair or invalidate the remainder of this Ordinance.
SECTON 5.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 6.
That the terms of this Ordinance are severable and are governed ny Section 1-4 of the Code of Ordinances of the City of Grand Prairie, Texas.
SECTION 7.
That a violation of this Ordinance is a misdemeanor punishable in accordance with Section 1-8 of the Code of Ordinances of the City of Grand Priaire, Texas. The penalty provided herein shall be cumulative of other remedies provided by state law, and the power of injunction as provided in V.T.C.A. Local Government Code Section 54.016 as it may be amended, may be exercised in enforcing this Ordinance whether or not there has been a complaint filed.
SECTION 8.
That this Ordinance shall be in full force and effect from and after its passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS the 15th Day of october, 2019
ORDINANCE NO. 10751-2019
CASE NO. SU090104C
SPECIFIC USE PERMIT NO. 811C